Política pública de saúde e fornecimento de medicamentos : análise qualitativa dos objetivos, modelos decisórios e modelos organizacionais de decisões na esfera federal da 4ª Região, em 2022.

Abstract

This research aims to identify guidelines on understanding the objectives, decision-making models and organizational models of public health policy based on the jurisprudential analysis of drug concessions. The problem that guides the proposal in question is: what guidelines can be extracted from the jurisprudence of the Federal Regional Court of the 4th Region (TRF4), in the year 2022, regarding the understanding of the objectives, decision-making models and organizational models of the policy public health regarding the concession of medication supply? The hypothesis is that the general objective of judicial decisions and that of the Public Policy of the Unified Health System coincide in aiming at the realization of the fundamental right to health. The specific objectives differ in the reach of the decisions. With regard to organizational models, the Judiciary connects with the form of administrative organizations, but not with their internal relations, deciding only in a generic way which entity should carry out the judicial command. With regard to decision-making models, the Judiciary formulates its own decision parameters based on the jurisprudence of Superior Courts. In this way, the Judiciary controls public health policy, but does not change the decision-making, organizational models and administratively established objectives, it only performs a re-reading of such concepts in order to implement the constitutionally guaranteed right to health. The study is part of the line of research of Contemporary Constitutionalism, as it analyzes public policy as the means of realizing the fundamental right to health, as well as observes judicial decisions related to health demands. To give course to the proposal, the choice was made for the hypothetical deductive method of approach. As for the research technique, the bibliographic is used, with consultation on websites (Scielo-Brasil, Google academic, Periódicos Capes), jurisprudence, books and national and international journals. The work is divided into three chapters, which correspond to the specific objectives of the study. First, the theme of Public Policy is approached through the construction of formulation concepts and elements that compose it. In the second chapter, the public health policy in Brazil is analyzed, with its elements and objectives, models and implementation instruments. For, in the third chapter, to deal with the control of public health policy by the Judiciary in the granting of medication. The study is justified by its relevance in the current social and economic scenario, considering the difficulties of obtaining sufficient public resources for the demands of public health policy. Faced with the relevance of the issue of judicial control of public health policy, whether to challenge the content of the clinical protocols of the Unified Health System, or to demand compliance with already foreseen state obligations, the need for cooperation and dialogue between various institutions - legal and administrative - presupposes knowledge of the specific functions of each one of them, the objectives it aims to achieve and the means by which it is legitimized.